280 F.R.D. 238
D. Maryland2012Background
- Plaintiffs Brown and Parker filed a FLSA/MWHL claim against White’s Ferry, Inc. (WFI) and Malcolm Brown on June 20, 2011.
- Plaintiffs allegedly worked April 2009 to August 2010, primarily in the store and café associated with the ferry.
- Mr. Brown allegedly supervised Plaintiffs, setting schedules and pay.
- Plaintiffs were paid fixed salaries ($1,600 for Parker, $1,500 for Brown) and claim regular hours around 80 per week with no overtime.
- Plaintiffs contend their wages exceeded the minimum wage when averaged, but no overtime was paid.
- Defendants controverted allegations, and the parties exchanged conflicting declarations and discovery responses; the court denied partial summary judgment, finding material disputes remain.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is no genuine dispute about overtime liability | Brown and Parker claim overtime was due for hours worked over 40 per week. | WFI contends hours and supervision facts negate overtime liability; records may show no overtime. | There is a genuine dispute about hours worked; summary judgment denied. |
| Whether employer records were kept and can support liability | No reliable time records were kept; Anderson standard applies. | WFI kept payroll records; hours contested. | Record-keeping issue remains disputed; cannot grant judgment. |
| Whether Plaintiffs’ supporting affidavits/declarations are admissible | Declarations prove hours and pay; records should be admissible. | Some declarations lack personal knowledge and proper signing; affidavits defective. | Evidence issues preclude granting summary judgment; disputes remain. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. Supreme Court 1986) (summary judgment standard requires no genuine issue of material fact)
- Bailey v. Cnty. of Georgetown, 94 F.3d 152 (4th Cir. 1996) (knowledge of overtime may be imputed to employer under FLSA)
- Evans v. Techs. Applications & Serv. Co., 80 F.3d 954 (4th Cir. 1996) (affidavits may be based on information provided by corporate officers)
- Peters v. Lincoln Electric Co., 285 F.3d 456 (6th Cir. 2002) (burden and inference rules for proving hours worked when no records exist)
- JKC Holding Co. LLC v. Washington Sports Ventures, Inc., 264 F.3d 459 (4th Cir. 2001) (summary judgment burden and admissibility of evidence on record)
- Emmett v. Johnson, 532 F.3d 291 (4th Cir. 2008) (personal knowledge requirement for affidavits/declarations)